Latest from Case laws

Speedy Disposal: Right To Be Released On Bail

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To have speedy justice is a fundamental right which flows from Article 21 of the Constitution. An appeal, bearing a statutory right, does not attain finality during the pendency of the appeal, and ...

Appeal From Acquittal And Appeal From Conviction

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The code makes no distinction between an appeal from an acquittal and an appeal from a conviction - Durgacharan AIR 1966 SC 1775. There are certain rules of adjudication and conduct that judges inv...

Reasonable Apprehension Of Not Having A Fair Trial

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It is well settled that every member of a tribunal called upon to try issues in judicial or quasi-judicial proceedings must be able to act judicially. It is essential for judicial decisions and...

Judicial Bulwark Against Abusive Exercise Of Power Under PMLA

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For years, India's legal system lacked the necessary tools to combat the growing problem of money laundering and financial crimes. The country struggled to address the rampant corruption and wh...

Injuries Not Sufficient To Cause Death

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The golden rule in criminal cases is to prefer the probable to the possible. In the court's view, since the doctor stated that, in the normal course, the injuries found on the person of the dec...

Understanding the Rarest of the Rare Doctrine

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The 'rarest of the rare' doctrine, a cornerstone of the Indian judicial system, dictates the application of the death penalty, reserving it for only the most egregious and heinous crimes. This ...

Proved Beyond A Shadow of A Doubt: Examining the Legal Standard

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The legal standard of 'proved beyond a shadow of a doubt' represents the highest degree of certainty required in criminal cases to establish the guilt of a defendant. This phrase conveys that t...

Exculpatory Evidence: Evidentiary Value & Responsibility of the Prosecution

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Exculpatory evidence, also known as exonerating evidence, is a cornerstone of a just legal system. It encompasses any information, material, or testimony that can demonstrate the innocence of a...

Incriminating Evidence: Evidentiary Value

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In the intricate tapestry of the legal process, incriminating evidence, also known as inculpatory evidence, stands as an indispensable cornerstone. It serves as a vital link between an individu...

Presumption of Innocence: Understanding Its Core and Applications

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The presumption of innocence is an indispensable tenet in criminal justice systems globally, acknowledging that individuals are inherently innocent until proven otherwise. This principle is cod...